The passengers, who became witnesses, and then was made into informants which did not have to give an oath in court.
I have seen interviews that different medias have done with the two “witnesses” that was in the car which Joshua and Tjostolv hired to take them and the broken motorbike back to Uganda. I have taken some of these interviews, compressed them and written them chronologically. You readers can make up your own mind based on the witnesses own words. The witnesses were made into informants in court. This meant that they didn’t have to make an oath. They have also claimed large compensations for themselves.
The witnesses’ names are written differently in Norwegian medias. I choose to use the names Kasimu Aradjabu and Kepo Aila. This is the way it’s been written in the courtpapers. I will refer to them as Kasimu and Kepo from now on.
Their testimony is the prosecutors’ strongest card.
Missionary Bregård, who has grown up in Congo, and lived most of his adult life here, told me the following regarding Kasongo, the dead driver. Both the drivers’ brother and the investigators told Bregård that the entrance wound was near the ear on the left side. The exit wound was on the right side and fairly large. Bregård speaks the local language and has therefore avoided misinterpretation. Rune Edvardsen heard the same, but needed translation.
(Joshua has himself commented on this article. You can read his comments here: Joshua comments on an article from this web-site )
The papers: (newspapers and online newspapers)
VG May 14th 09
According to VG’s independent sources, the 27 year old Norwegian (Joshua French) got angry that the driver Kasongo refused to leave the drivers seat, and shot him in the forehead. It was one single shot fired. In the back of the pickup Moland and the two passengers started to fight. (Kepo and Kasimu). Kepo and Kasimu fled into the jungle. The body was dumped and the two Norwegians escaped with the car.
NRK May 19th 09
General Jean-Claude Kifwa says that the projectile that killed Kasongo came from the Norwegians’ handgun. They didn’t have valid tourist visas either, and there were several testimonies to back up the chain of events. The general kept on that according to the two witnesses the driver was killed at close range by the 27 year old. (French)
According to the witnesses he shot the driver in the head at close range, apparently because the driver refused to stop the car.
My comments:
What independent sources are VG referring to? Besides the two Norwegians it was just the driver (who was killed) and the two passengers that were at the crime scene, unless the version Moland and French has stated is accurate. Then there could be more witnesses.
Who are these MORE testimonies that the general refers to? There were only two witnesses at the first trial and that was the two passengers.
Several medias reported that it was Joshua French that killed the driver Kasongo.
Before Tjostolv Moland arrived at the prison in Kisangani it was French who was targeted as the killer. After that the finger was pointed at Moland as the killer. French was also filmed and proclaimed to be the killer in Congolese press up until Moland got the “title”.
The Norwegians had valid tourist visas in to Congo.
“The machete man” was never questioned. Neither were the people in the village close to the crime scene, or a policeman who apparently came to. And what about those who were supposedly at the police post?
Aftenposten May 24th 09
Wavara reject that there has been found a weapon.
My comments:
Neither weapons nor projectiles were recovered despite of what the investigators claimed up to this point. See what I’ve written under the headline “Machete man”. He says he found three green empty sockets. If this is correct – where are they located now?
VG May 21st 09
Both witnesses say:
Kepo and Kasimu explain that they were almost half way to Bafwasende when the Norwegians asked the driver to stop the car. Moland, who was in the car, apparently got a small handbag and went into the bush. When he came back to the car he pulled a handgun out of the bag and shot the driver in the head at close range. The two witnesses was also attacked by the 27-year old (French), and just barely got away alive.
Dagbladet June 6th 09
Kasimu says:
It was dark. The two (Norwegians) pretended they needed to relieve themselves. The two Norwegians went out of the car. Then they came back to the car to distract us. Then he saw one of the Norwegians pull out a weapon and pointed it at the driver. They got into a fistfight with the Norwegians and one of the Congolese managed to escape. The other one was released by the Norwegians who also shot after them.
VG June 16th 09
The shotgun:
The weapon the authorities in Congo thinks the two Norwegians used to kill Kasongo was found by pygmies. It’s apparently a shotgun of an Italian label. The serial number and label was allegedly removed.
VG June 19th 09
Both witnesses say:
Kasimu explains that he was a close friend of Kasongo.
Kepo says he was the ONLY ONE who saw Moland when the shot was fired since he was on the truck of the car facing the passenger side. Kepo says that he remembers Moland take up the gun from a green bag and that the gun was green, but then says:
“I don’t know much about weapons, so I can’t say for certain what kind of weapon Moland targeted Kasongo with.”
Tønsberg Blad, July 30th 09
Kepo says:
“About 500 (this has to be incorrect – my comments) kilometres outside of Kisangani we stopped the car and Moland and the other white man went out to discuss something. We watched them in the moonlight and waited about 5 minutes before they came back.” He then says that Moland had opened a bag and took out a weapon. He turned towards the driver and yelled: Get out, Get out, Get out, Get out. The last time he yelled this he fired. Kepo wasn’t sure if he had shot the driver. The other white man (Joshua) held Kasimu by the neck and they started to fight. Moland pointed the weapon at him and asked the other white man to turn him around.
Kepo smelled the gunpowder from the shot that had killed the driver and dropped to the ground. At the same time he saw the driver unconscious in the drivers’ seat. Kepo was on the ground and noticed that Moland was looking for him. Moland discovered him and raised his weapon. The shot went straight over Kepos head. Moland took the weapon in his other hand so he could have a hand free to close the door. Kasimu squeezed the other mans (Joshuas) adams apple so he screamed. The scream made Moland turn around to help his friend, and removed his weapon away from Kepo. Kepo saw his chance and escaped. When he came about 50 meters into the jungle he heard more shots being fired. It was the third time shots were being fired. Soon after, Kepo heard the car speeding down the road.
Kepo then tells that a man came walking down the road telling them that he’d heard shooting three times. After a while Kasimu came out of the jungle as well. He had been shot after when he escaped into the jungle, but he escaped the bullets.
VG August 4th 09
The shotgun:
Quote: “A key point during the trial is if Wavara can prove that the driver was shot at close range from the passenger side with the shotgun they say belonged to Tjostolv Moland. That would mean that the entry wound is on the right side of his head.
The Norwegians has explained that the driver was shot from outside the car by bandits firing a weapon with regular bullets.
Weapon-experts VG has been in touch with says that a shot with a shotgun at close range would give a large entry wound and an even larger exit wound. Shots by a rifle would give a smaller entry wound.
Dagbladet August 12th 09
Kepo says:
Kepo was at the parking lot in Kisangani to catch a ride on May 5th 09. He deals with cigarettes and clothes and has travelled this route several times. He and Kasimu come along. Kasimu as the drivers helper. They have never seen each other before. They sit on the truck on the white Toyota Pickup. Kepo was going to Bafwasende.
French sat on the passenger side in the pickup (my notes: in this and other Congolese cars the passenger side is on the right hand side). After 17 kilometres French asked the driver to pull over. Both of the Norwegians went outside. Moland got the bag he had sat on and took out a long black bag. French put something in his pants. It looked like a gun. Both the Norwegians now sat in the passenger seat. Moland is in the middle. Kepo asks Kasimu if he saw a weapon. He denies that the Norwegians have weapons.
After 109 kilometres the car slows down and stops again. The driver comes out to see if the two on the truck has fallen asleep. It was a full moon and the car had its lights on. The driver went to the back of the car to urinate. The Norwegians was on the right hand side of the car urinating. They spoke Norwegian. Kepo was still on the truck when he heard the sound of a weapon being loaded. The passenger door (on the right side of the pickup) was open. Moland took two steps towards the driver with his gun up and says “Get out” three times with a low voice. Then he screams it out and fires. Kasimu runs to the back, but French catches up with him. They fight. French gets his arm around Kasimu’s neck. Kepo goes on: “They shouted at each other in Norwegian, and to me it appeared that French tried to hold Kasimu so that Moland could shoot him without hitting French.”
Kepo could smell the powder from the gun. He jumped off the truck and ran along the side to the front of the car. (left side of the car) There he saw Kasongo face down over the steering wheel. Quote: I didn’t understand that he was dead. Then I discovered Moland outside the passenger door. I looked him straight in the eyes when he pointed the gun at me. I threw myself on the ground just as the gun went off.” French screams something in Norwegian.
Moland runs to him. Kepo escapes into the jungle. Once again shots were fired. After a minute or two Kepo heard the car driving off. Kepo stays in the jungle for about 25 minutes. When he gets back on the road he sees the dead driver. A man comes walking down the road – it was an old man. He had heard three shots. Kepo yells at the drivers helper (Kasimu), who he still doesn’t know the name of. Kasimu comes out of the jungle. He had jumped out in the jungle and started crawling when French loosened the grip a little. He assumed the third shot was meant for him. They lifted the dead driver to the side of the road, and walked back the way they came with the old man. After a couple of kilometres there was a police post and they reported everything to the police.
The witnesses testify in court:
Aftenposten August 23rd 09
The witnesses that were referred to as informants told that the car had stopped once because the Norwegians needed to reorganise their baggage. French put a gun in his belt while Moland took out a heavy bag. Both witnesses claim that Moland killed Kasongo with three shots, while French strangled Kasimu. Both heard three shots fired in quick succession. (the weapon presented in the courtroom can only fit two bullets, because of a defect).
Aftenposten August 22nd and 23rd 09
Kepo tells that the first time they stopped the car French put a gun in his belt. “It could’ve been a revolver.”
“I heard him (Moland) charge the weapon and then call out: “Get out, Get out, Get out”. The fourth time he yelled he shot the driver.
Kepo managed to escape the crime scene. “He raised his gun and fired….and I lay down on the ground.” Kepo heard multiple shots being fired before he heard the car drive off.
Both witnesses were sure that they heard three shots being fired in quick succession.
VG August 22nd 09
The prosecutor presents a weapon and asks Kepo if this is the weapon that was used.
“It was too dark. I can’t see if it’s the same weapon”.
The prosecutor goes on by saying that the wound on the deceased is so severe that it’s possible that another firearm was used.
Kepo explains that both the driver and the Norwegians went into the woods to urinate. The driver came back first and got into the drivers seat.
Kepo goes on by saying that when the shots were fired he stood by the drivers window, but he managed to get away. Kepo has a mobile phone too. He times it, and the car drives off about two minutes later.
Tønsberg Blad August 22nd 09
Kepo says:
Quote: “After 109 kilometres I heard the car slow down. The car stopped, the driver didn’t get out, but the two bosses did.”
“I wanted to escape and went up the side of the car. I saw Moland walk concentrated around with the gun in his hands. Moland saw me by the drivers’ side of the car, raised his weapon and fired. I bent down, so the bullet went over my head…. While I ran I heard the third shot. It was the same sound I’d heard the other times. A couple of minutes later I heard the car drive off at a high speed.”
Dagbladet August 22nd 09
The witnesses didn’t recognize the weapon.
Kepo said it was dark.
My comments:
The weapon that killed the driver has varied in the witnesses statements. Including the number of weapons involved.
The witnesses could not confirm if the shotgun being presented in court was the murder weapon. It also varies between how many shots being fired and who saw what. They have now landed on three shots.
Kepo admits that he was the only one who saw Moland fire, even though Kasimu in the beginning also said that he saw Moland fire. Who sat where in the car also varies in the story. How heavy the bag was has also changed, and it’s not clear where everyone has been during the event, including when the shots where fired.
Kepo has, to my knowledge from a source, been involved in dealing with diamonds.
Some more from the media:
-The shotgun needs to be recharged after two shots, and the witnesses say they didn’t hear the shotgun being loaded again. (Tønsberg Blad)
-Wavara pointed out himself that the shotgun needs reloading between every shot. In the shotgun there is only room for one shot at the time. (Dagbladet)
-The shotgun presented as evidence in this case can only fit to bullets. (Aftenposten)
From the sentence: (Authorized translation from French to Norwegian where I quote directly)
According to the court documents French and Moland both had a weapon each, one “war-weapon” and a handgun, like a revolver. After Moland shot the driver, French tried to strangle Kasimu. Kepo fled into the bush, and Moland settled for firing around without hitting him. Kasimu managed to break free and fled into the bush, and they managed to "escape death despite the murderers’ many shots after them trying to kill them.”
“The victim, Abedi Kasongo, died as a consequence of a bullet that the defendant Tjostolv Moland fired with his weapon of war, because of the effect it had for the deceased. The bullet hit the victim on the upper part of his forehead on the right hand side, and it shows that the perpetrator was located on the right side of the poor driver and not on the left side, like the defence claims.”
The court shows that Kasimu was attempted strangled by French, and that Kepo is not considered a victim in the prosecution decision for attempted murder.
Joshua French got a total of four death sentences.
Tjostolv Moland got a total of five death sentences.
My comments:
Kasongo was never autopsied. Even an elementary autopsy could’ve given a lot of information. The doctors’ reports are lacking information. You would think when there is a death penalty involved one would be especially careful when collecting as much information as possible.
Please note what I’ve written above that Bregård told me that Kasongo was shot from the LEFT hand side.
“The Machete Man”:
For a long time I tried with no luck to get norwegian media to find out more about the area around the crime scene. Was there a village nearby? Why wasn’t the Machete Man in court etc? VG eventually interviewed the Machete Man in October.
VG October 3rd 09
The unknown witness in the jungle, Etindi Mobila, also called the machete-man tells VG that he sat in his cottage about 10 meters (33feet) from the crime scene. He says he heard three shots, and right after that he saw a car drive away at high speed.
Mobila explains that after the car had driven off, a young man came running hysterically to his cottage yelling that two white men have killed their driver. The machete man told the man to come with him to the village chief further up the road, but the young man refused and ran away in the opposite direction. The machete man walked down to the road and saw a man on the on the ground. The man had been killed by a shot through the head. The entry wound was small, but the exit wound looked terrible. It was three green empty sockets there. The machete man didn’t dare go to the village chief either. He and his wife fled for a while.
My comments:
Was it Kepo or Kasimu that came to his cottage? The investigators have not visited the machete man and he didn’t testify in court. Where are the alleged green sockets? And why hasn’t the village chief, the people living in the village and people on the police post been interviewed? On which side of the road is Mobilas cottage? Why did he flee? Exactly how far is it to the nearest village? Did the driver or the passengers know anyone here?
“The murder weapon” and the pistol:
It is an important fact to the story that the “murder weapon” and the pistol have been in Norway the whole time. Norwegian media knew in August that the two weapons the prosecution claimed Moland and French took with them in to Congo, were in Norway. No reporters bothered to listen to the guys about this, until the lawyer Furuholmen and reporter Fredrik Græsvig from TV2 took charge and located the weapons in Norway.
VG October 28th 09
Quote: “During the trial…. pictures of two weapons were presented as evidence. The court believed to be able to prove that the Norwegians had the two weapons, a rifle and a 9mm pistol with them in to Congo in addition to the shotgun.”
VG goes on by telling that the shotgun was found, and it’s been stated that this is not the murder weapon.
In the court papers page 21, the court has identified the murder weapon. This weapon refers to a photograph of a weapon (located in Norway).
TV2 October 28th 09
Quote: “TV2 has tracked down the weapons…. The pistol can be traced back to the Norwegian Crown Prince’ Recidense; Skaugum. In the fall of 2006 Tjostolv Moland served in the King’s Guard. Moland took a picture of the pistol with his mobile phone….Sources in the Norwegian Defence Forces confirms to TV2 that there was a pistol like this one, when Moland served there. This pistol has never been reported missing, and is still in the Defence Councils possession.
The other weapon, that the Congolese police claim is the murder weapon, TV2 got access to in a forest just outside of Oslo on Tuesday. The serial number on the rifle is identical to the serial number on the rifle Moland and French poses with on the photo. This is a softgun – a weapon that uses rubber bullets, not sharp bullets. This can not be the murder weapon.”
Kari Hilde French updated November 18th 2009
